❓WHAT HAPPENED: The U.S. Department of Justice (DOJ has appealed a court ruling that determined the Trump administration unlawfully terminated $2.2 billion in grants to Harvard University.
👤WHO WAS INVOLVED: The Trump administration, attorneys with the DOJ, Harvard University, and U.S. District Court Judge Allison Burroughs.
📍WHEN & WHERE: The appeal was filed on Thursday, December 18, 2019, and will be heard by the 1st U.S. Circuit Court of Appeals in Boston.
🎯IMPACT: With the appeal filed, the case will now move to the 1st U.S. Circuit Court of Appeals in Boston.
The U.S. Department of Justice (DOJ) has filed an appeal against a District Court ruling that found the Trump administration’s termination of $2.2 billion in grants to Harvard University to be unlawful. Submitted on Thursday, the appeal filing was made just before the 60-day deadline for the government to act.
In September, U.S. District Court Judge Allison Burroughs—a Barack Obama appointee—ordered that the Trump administration must reverse over $2.2 billion in funding cuts to Harvard. The Boston-based Democrat judge’s ruling found the funding freeze was an act of retaliation against Harvard for rejecting changes the administration sought in the university’s governance and policies.
Notably, Burroughs has made rulings on several cases involving the Trump White House and Harvard, including the issuance of a temporary restraining order in May, which blocked the administration from revoking Harvard University’s Student and Exchange Visitor Program (SEVP) certification. This would have barred the university from enrolling foreign students. The judge’s latest determination followed a lawsuit filed by Harvard, which argued that the cuts violated its free speech rights under the First Amendment.
The Trump administration moved to cut over $2 billion in federal funding for Harvard University in April after the Ivy League institution rejected a set of government policy conditions aimed at addressing anti-Semitic incidents and pro-Hamas protests on its campus. At the time, the university declared President Donald J. Trump’s proposed policy changes “illegal,” with Harvard officials stating they would not comply with the White House directive.
With the appeal filed, the case will now move to the 1st U.S. Circuit Court of Appeals in Boston. Attorneys for the DOJ contend that federal grant funds are “not charitable gratuities,” but rather contractual financial support that the federal government can terminate if officials believe the recipient is in breach of the grant’s terms.
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